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Patna High CourtCR. MISC./22865/2021disposed

Vijay Prakash Thakur v. The State Of Bihar

2021-08-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 22865 of 2021 In Cr. Misc. No. 86032 of 2019 ====================================================== Vijay Prakash Thakur, son of Sri Parash Nath Thakur, resident of villageDubha, P.O. Rajapur, P.S. Simari, District Buxar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kanhaiya Pandey, Adv. For the Opp. Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04.08.2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present petition has been filed for modification of the order dated 23.01.2020 passed in Cr. Misc. No. 86032 of 2019 to the extent that the time granted to the petitioner to surrender before the learned court of Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Town P.S. Case No. 149 of 2017, be extended by a further period of four weeks. The learned counsel for the petitioner has submitted that on account of the petitioner being ill, he could not surrender

within the stipulated time frame and then the situation worsened on account of Covind-19 Pandemic.

The learned A.P.P. for the State, Shri Jitendra Kumar Sinha, does not oppose the prayer of the petitioner. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, the petitioner is granted four weeks' further time to surrender before the learned court below in order to obtain the privilege of anticipatory bail. It is made clear that in case of any default on the part of the petitioner, the privilege of anticipatory bail granted to the petitioner vide order dated 23.01.2020 passed in Cr. Misc. No. 86032 of 2019 shall stand revoked automatically.

The present petition stands disposed of with the aforesaid modification in the order dated 23.01.2020 passed in Cr. Misc. No. 86032 of 2019.

(Mohit Kumar Shah, J) Tiwary/-